EB2 or EB3?

[vrakesh]

My EB3 PD is Feb 2009.  I have 3 yrs B.Sc. + 10 yrs experience.

 

I have completed 2 yrs M.Sc. in 2012. Now, I have changed position within the same company and job duties are 50% different. . Our company attorney says, It can not qualify for EB2 since I do not have 5yrs  experience after Equivalent of US Bachelor's. B.Sc. + M.Sc. together considered as quivalent of US Bachelor's.

 

Am I eligible for EB2? I need some opinions.

Thanks.

[Attorney_15]

EB2 is defined as a Master's degree / foreign equivalent or a Bachelor's degree / foreign equivalent followed by 5 years progressive experience. Under current trends, USCIS considers the foreign equivalent of a 3 year BS + 2 year MS = US BS. This means that someone with a 3 year BS + 2 year MS must show 5 years progressive experience after the 2 year MS was completed, because before the MS is completed, the person is not being considered by USCIS as having the BS.